TERMS OF SERVICE
Welcome to the Birdie Bros website. By using the Birdie Bros website, you are subject to the following terms of use, which we recommend you read carefully. Birdie Bros may, from time to time, amend, update, or change this website, including these Terms of Use, without prior notice. These Terms of Use cannot be varied by any individual or entity unless there has been a prior written agreement between that individual or entity and Birdie Bros.
General Disclaimer
Birdie Bros Holdings, trading as Birdie Bros, trademark pending, is not liable for any loss suffered in connection with the use of this website or any linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Information on this website is provided “as is” without warranty of any kind. Information on this website may contain typographical errors, technical inaccuracies, or other errors and may be changed at any time. Birdie Bros seeks to provide accurate information at all times but reserves the right to make improvements or changes to products without notice.
Physical use of Trackman
Birdie Bros is not responsible for any injury incurred while using the trackman. By paying your fee to use the trackman and or stepping foot in our premises to use the trackman, Birdie Bros will not be responsible for any injury whatsoever both physically and mentally. You use the trackman at your own risk.
Copyright
This website is Birdie Bros’ intellectual property and subject to copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means, adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website or commercialize any information, products, or services obtained from any part of this website without Birdie Bros’ prior written permission.
Making a booking
Whilst all care is taken to ensure the booking availability is accurate, current, and online, we are dependent on third-party software. Birdie Bros accepts no responsibility should the booking system not be available from time to time.
Should you need to change your booking, contact the appropriate Birdie Bros venue. Change of bookings is permitted up to 4 hours prior to the booking time.
Cancelling a booking has to be done within 24 hours of the starting time. If a cancellation is made inside of 24 hours, no refund will be given. We can however change your booking time to another day. A maximum of 1 week later is allowed.
Should you not be able to make your booking time and choose not to re-book an alternative time, Birdie Bros reserve the right to not refund the holding deposit.
While every effort is made to ensure all pricing is displayed, Birdie Bros makes no guarantee that the price you have seen online is the correct price for your experience. If unsure, please confirm the price of your experience prior to your booking time.
Returns Policy – Products
We anticipate that the purchases our customers make will meet their expectations of quality, function, and design. If, however, a customer should require an exchange or credit note (gift voucher), they must retain their sales receipt and present it to the venue. Bookings need to be canceled 24 hours before or no refund will be issued.
Exchange or Refund is required
A customer can seek a refund under certain circumstances, commonly referred to as the right to repair, replacement, or refund. Cases in which a refund would be in order include those where the goods:
Have a fault the customer could not have known about at the time of purchase.
Does not work in the way the customer was led to believe it would work.
Does not match the sample that they were shown.
You may offer to repair, exchange, or provide a credit note/gift voucher for the goods subject to the agreement of the customer. If the goods are not repairable, you may be able to replace or refund the item. Some warranties are for replacement and not repair; for example, some electrical hand tool companies choose to have a replacement policy instead of repair. However, the customer does have a right to insist on a refund.
Therefore, we exchange or refund merchandise if the customer presents their receipt or Credit Card or EFTPOS voucher in any of the above circumstances.
You are legally entitled to offer to exchange the goods or provide the customer with a gift voucher. However, in the above situations, if a customer is totally dissatisfied with the exchange option, a refund should be given in the form of payment that was initially tendered, as shown by their register receipt.
No Exchange or Refund Required
There is no legal responsibility to exchange or refund when:
Customers have simply changed their minds about the goods.
Goods were damaged after the customer bought them. However, where goods are damaged because of a fault that was in the goods when they were purchased, an exchange or refund is in order as described above.
A customer has no proof of purchase, i.e. the customer does not have his/her receipt. In this situation, we will only exchange/refund where authorization from the venue manager and/or franchisee is obtained, and:
If the customer requests a refund, the refund should be given in the form of a gift voucher.
If the customer does not have a receipt but you know that the merchandise was bought from a Birdie Bros venue, an exchange or refund (in the form of a gift voucher) transaction can be undertaken.
Without a receipt, customers must accept the price of the item on the day it is returned to the venue.
Customers know, or should reasonably have known, about any faults when they bought the goods: for example, as seconds.
Gift Card & Gift Voucher Policy
These terms apply to all gift cards and electronic vouchers issued by or on behalf of Birdie Bros Holdings, trading as Birdie Bros. By purchasing, redeeming or attempting to redeem a Gift Card, you agree to the following terms.
Redeemable for goods purchased online and at participating Birdie Bros venues.
The Gift Card is valid for 12 months from date of issue.
Gift Cards are non-refundable and cannot be exchanged for cash. No change will be given. The Gift Card can be redeemed in whole or for part of a payment. Unredeemed values will remain on the E-Gift Card until card expiry or until redeemed, whichever occurs first. Any remaining balance will be canceled on expiry of the validity period. The Gift Card should be treated like cash.
Birdie Bros is not responsible for lost, stolen, or damaged Gift Cards.
A predetermined value of $25 – $250 can be loaded onto a Birdie Bros Gift Card. A maximum amount of $250, and a total of $500 per order per Gift Card purchase applies.
GST will not apply to the sale of an Gift Card, specifically the face value/loaded amount.
Once the Gift Card has been fully redeemed, it cannot be reused.
This Gift Card can be used in conjunction with another form of payment such as cash & EFTPOS (in-venue only) or credit card to make up the full value of the purchase.
This Gift Card is not a cheque guarantee, credit, or charge card.
Birdie Bros reserves the right to amend the terms and conditions of the Gift Card at any time and to take appropriate actions, including the cancellation of the Gift Card if, at its discretion, it deems such action necessary.
Should Birdie Bros suspect any fraud relating to a Gift Card, Birdie Bros may refuse to redeem the Gift Card until Birdie Bros is satisfied that no fraud has occurred.
Neither Birdie Bros nor the provider of the data represents or guarantees, or accepts any liability whatsoever in respect of, the accuracy, currency, or completeness of the Gift Card information. Birdie Bros does not accept any liability for any delays, interruptions, errors, or omissions, however occurring (including as a result of negligence) in the collecting, recording, processing, storing, or dissemination of this information.
COVID-19 Policy
All Birdie Bros venues will comply with relevant local, state, or federal COVID-19 safety directives. These safety directives will be made available at each local venue in plain view or by personal request.
Some venues require that all staff and guests are fully vaccinated for COVID-19. You must provide evidence of vaccination, or you will be refused entry. Accepted evidence of vaccination includes;
COVID-19 digital certificate which shows proof of only your COVID-19 vaccinations that you can add to a digital wallet.
Your immunization history statement which lists your COVID-19 vaccinations and all other vaccinations.
State-based QR Code check-in process which shows vaccination status.
By accepting these terms and conditions, you agree to comply with any COVID-19 related safety protocols stipulated by Birdie Bros.
Damages to Self or Property
Physical activity is involved in your experience; please ensure you are prepared and aware of your surroundings. Birdie Bros takes no responsibility for any personal injury attained before or during your experience.
Birdie Bros provides simulator hire and sports equipment hire as part of your booking. You and/or your party will be financially liable should any equipment be damaged as part of your booking. This will be at the sole discretion of the franchisee.
If you are using your equipment, take note of your surroundings as any equipment damaged will be at the responsibility of the equipment owner. Birdie Bros takes no responsibility should your equipment be damaged during your booking.
Trackman
If you break the trackman, you buy it. Cost is $30,000 AUD per Trackman. This applies to anyone that has paid Birdie Bros for a simulator booking or is a member of Birdie Bros.